The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-12


master in the case of the Madison 4
Portage railway companyvs. tha.State ct al.
No such instructions were ever given you.
You were required to report TO me on the
adjustment OF the grant in accordance
with the principles announced by me in
my decision. Said decision of the SUI
preme court was referred to as being
only persuasive authority of very
high. order. Not content with elaborate
criticism of every point in my recent de-
cislon in the Omaha case, you extend your
criticism to all my former decisions touch
ing the same grant and extending over q
period OF more than year. The sole OBJ
ject which you apparently have in view is
10 insist that | did not in
such prior orders and decisions
especially direct you in adjusting this
grant to allow indemnity for swamp lands
and other particular classes of lands lost
in place. Declining to discuss with you
these past decisions, | certainly did so in
struct you in my recent decision OF Octo-
Der IL, 1887, and you did not even
pretend to have misunderstood the
meaning OF my instructions. You
conclude your paper with another
elaborate criticism of my decision upon
the branch line OF the Omaha road. You
claim it was gross error on my part in
allowing an indemnity for the reservations,
putting your argument upon the proviso
TO the granting act under consideration by
me. IL seems, however, to have escaped
your attention that it was neither
my purpose nor my duty, III
communicating to you, TO assume the task
of convincing You of the correctness Of
these instructions by elaborate citations of
| all decided cases applicable to the subject.
j had conceived il my duty, as the head
OF this department, and having strictly
in view my oath OF office, to
direct you as 10 what duties
required you to perform. had also con-
ceived il to be equally your duty, under
the same obligations TO obey my instruc-
tons or withdraw yourself from the duty
of 80 doing in the only way recognized I'M
der the laws and usages of public life in
the civilized countries. Especially so when
l was myself but actingin direct conformity
TO the recent act of Congress which imposes
upon me the exclusive duty of causing
these grants to be ad justed. 1t, therefore,
only remains for me on this point to dis
pose of your elementary citations of legal
maXims by informing You that they are in
my opinion entirely irrelevant. The
question has not been, as you suppose, so
much the legal effect of a proviso To q
grant on grant, but what was the
meaning OF the proviso in this particular
grant. ] gave you my opinion Of that
meaning, and you have shown me no
shadow of reason for departing from the
conclusion there stated. However We
may differ in our construction of statutes
or Of decided eases, and whatever variance
may exist in our conceptions of our public
duties, ! am constrained 10 say TO you that
there is obviously one point upon which
we are in thorough accord. Upon this
point You have succeeded, in the commu'
nicaii0n before me, in rivetingon my mind
profound conviction that the prac
tical effect of your present couTs,
is that YOU cannot execute my
orders and follow my instruction,
and cooperate in my administration
without surrcndcring opinions which
should be conscientiously entertained
With reference TO vitality important inter.
csis | am as sincere as You can be in pro
found conviction. My instructions 10 YOU
are in exact accordance with the law %
Congress, in line with the decisions 81
courts and in support of the supremacy o
law. and lis inviolabilty. II il impos
sihle for me, in contravcntion Of my
own opinions, arrived ut after long and
anxious study, surrender them 20 you nm
der these circumstances. II is due 90 In,
orderly and decorous administration o
government, TO important public Interest,"
and the common cause confided in part {,
your hands by the President, aud e
the personal regard that We shoul'
both entertain for him, that he shall Ii
allowed to choose Secretary Of the In
terror who will conform his administration
J 60 your opinions, or 10 appoint a com
! missioner Of public lands who will admin
lister his bureau in harmony Of spirit an'
concert OF action with the chief Of IN,
, department. and without compelling hin
10 the necessity Of more decisive action ol
! his part. This alternative shall submi
10 the President at the same time that thi
/ paper will be handed 10 YOU. Very re
spcctfully, l.. q. G. LAMAR, =,
Secretary"